Commencement of work in response to a TO Agreement shall be initiated only upon issuance of a fully executed TO Agreement, a Non-Disclosure Agreement (To Contractor), a Purchase Order, and by a Notice to Proceed authorized by the TO Procurement Officer. See Attachment 7 - Notice to Proceed (sample).
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PRICE PROPOSAL (TIME AND MATERIALS) FOR CATS II TORFP # R00B9200096
CANDIDATE A
YEAR 1
Labor Categories that could meet TORFP Requirements for Proposed Resource
Functional Areas 2
A B C
Hourly Labor Rate
Maximum Estimated No.
of Hours
Total Proposed CATS II TORFP Price
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Total Evaluated Cost
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Labor Categories that could meet TORFP Requirements for Proposed Resource
A B C
Hourly Labor Rate
Maximum Estimated No.
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Total Proposed CATS II TORFP Price
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#R00B9200096
CANDIDATE A
PRICE PROPOSAL SUMMARY
PERIOD AMOUNT
TOTAL YEAR I $
TOTAL OPTION YEAR 1 $
GRAND TOTAL
$______________________________________ __________________________________________
Authorized Individual Name Company Name
__________________________________ ______________________________________
E-Mail Address Telephone Number
__________________________________ ______________________________________
Title Company Tax ID #
__________________________________ ______________________________________
Signature Date
THE HOURLY LABOR RATE IS THE ACTUAL RATE THE STATE WILL PAY FOR SERVICES AND MUST BE RECORDED IN DOLLARS AND CENTS.THE HOURLY LABOR RATE CANNOT EXCEED THE MASTER CONTRACT RATE, BUT MAY BE LOWER
ATTACHMENT 1 – PRICE PROPOSAL
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ATEGORIESCANDIDATE B
YEAR 1
Labor Categories that could meet TORFP Requirements for Proposed Resource
Functional Areas 2
A B C
Hourly Labor Rate
Maximum Estimated No.
of Hours
Total Proposed CATS II TORFP Price
#61 – Internet/Web Architect 2080
Total Evaluated Cost
$ $OPTION YEAR 1
Labor Categories that could meet TORFP Requirements for Proposed Resource
A B C
Hourly Labor Rate
Maximum Estimated No.
of Hours
Total Proposed CATS II TORFP Price
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Total Evaluated Cost
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CANDIDATE B
PRICE PROPOSAL SUMMARY
PERIOD AMOUNT
TOTAL YEAR I $
TOTAL OPTION YEAR 1 $
GRAND TOTAL
$__________________________________________ _______________________________________
Authorized Individual Name Company Name
______________________________________ __________________________________
E-Mail Address Telephone Number
_____________________________________ ___________________________________
Title Company Tax ID #
_____________________________________ ___________________________________
Signature Date
THE HOURLY LABOR RATE IS THE ACTUAL RATE THE STATE WILL PAY FOR SERVICES AND MUST BE RECORDED IN DOLLARS AND CENTS.THE HOURLY LABOR RATE CANNOT EXCEED THE MASTER CONTRACT RATE, BUT MAY BE LOWER
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HIS WITH THEFINANCIAL R
ESPONSEATTACHMENT 2 – TASK ORDER AGREEMENT
CATS II TORFP# ADPICS PO Number OF MASTER CONTRACT #060B9800035
This Task Order Agreement (“TO Agreement”) is made this day of Month, 200X by and between Task Order Contractor (TO Contractor) and the STATE OF MARYLAND, TO Requesting Agency.
IN CONSIDERATION of the mutual premises and the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definitions. In this TO Agreement, the following words have the meanings indicated:
a. “Agency” means the TO Requesting Agency, as identified in the CATS II TORFP # ADPICS PO.
b. “CATS II TORFP” means the Task Order Request for Proposals # ADPICS PO, dated MONTH DAY, YEAR, including any addenda.
c. “Master Contract” means the CATS II Master Contract between the Maryland Department of Information Technology and TO Contractor dated MONTH DAY, YEAR.
d. “TO Procurement Officer” means TO Procurement Officer. The Agency may change the TO Procurement Officer at any time by written notice to the TO Contractor.
e. “TO Agreement” means this signed TO Agreement between TO Requesting Agency and TO Contractor.
f. “TO Contractor” means the CATS II Master Contractor awarded this TO Agreement, whose principal business address is ___________________________________________.
g. “TO Manager” means TO Manager of the Agency. The Agency may change the TO Manager at any time by written notice to the TO Contractor.
h. “TO Proposal - Technical” means the TO Contractor’s technical response to the CATS II TORFP dated date of TO Proposal – Technical.
i. “TO Proposal – Financial” means the TO Contractor’s financial response to the CATS II TORFP dated date of TO Proposal - Financial.
j. “TO Proposal” collectively refers to the TO Proposal – Technical and TO Proposal – Financial.
2. Scope of Work
2.1 This TO Agreement incorporates all of the terms and conditions of the Master Contract and shall not in any way amend, conflict with or super-cede the Master Contract.
2.2 The TO Contractor shall, in full satisfaction of the specific requirements of this TO Agreement, provide the services set forth in Section 2 of the CATS II TORFP. These services shall be provided in accordance with the Master Contract, this TO Agreement, and the following Exhibits, which are attached and incorporated herein by reference. If there is any conflict among the Master Contract, this TO Agreement, and these Exhibits, the terms of the Master Contract shall govern. If there is any conflict between this TO Agreement and any of these Exhibits, the following order of precedence shall determine the prevailing provision:
a. The TO Agreement,
b. Exhibit A – CATS II TORFP c. Exhibit B – TO Proposal-Technical d. Exhibit C – TO Proposal-Financial
2.3 The TO Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the TO Agreement. No other order, statement or conduct of the TO Procurement Officer or any other person shall be treated as a change or entitle the TO Contractor to an equitable adjustment under this Section. Except as otherwise provided in this TO Agreement, if any change under this Section causes an increase or decrease in the TO Contractor’s cost of, or the time required for, the performance of any part of the work, whether or not changed by the order, an equitable adjustment in the TO Agreement price shall be made and the TO Agreement modified in writing accordingly. The TO Contractor must assert in writing its right to an adjustment under this Section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the TO Contractor shall be allowed if asserted after final payment under this TO Agreement. Failure to agree to an adjustment under this Section shall be a dispute under the Disputes clause of the Master Contract. Nothing in this Section shall excuse the TO Contractor from proceeding with the TO Agreement as changed.
3. Time for Performance
Unless terminated earlier as provided in the Master Contract, the TO Contractor shall provide the services described in the TO Proposal and in accordance with the CATS II TORFP on receipt of a Notice to Proceed from the TO Manager. The term of this TO Agreement is for a period of ______________, commencing on the date of Notice to Proceed and terminating on Month Day, Year.
4. Consideration and Payment
4.1 The consideration to be paid the TO Contractor shall be done so in accordance with the CATS II TORFP and shall not exceed $___________. Any work performed by the TO Contractor in excess of the not-to-exceed ceiling amount of the TO Agreement without the prior written approval of the TO Manager is at the TO Contractor’s risk of non-payment.
4.2 Payments to the TO Contractor shall be made as outlined Section 2 of the CATS II TORFP, but no later than thirty (30) days after the Agency’s receipt of an invoice for services provided by the TO Contractor,
acceptance by the Agency of services provided by the TO Contractor, and pursuant to the conditions outlined in Section 4 of this Agreement.
4.3 Each invoice for services rendered must include the TO Contractor’s Federal Tax Identification Number which is _____________. Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, as from time-to-time
amended, are prohibited. Invoices must be submitted to the Agency TO Manager unless otherwise specified herein.
4.4 In addition to any other available remedies, if, in the opinion of the TO Procurement Officer, the TO Contractor fails to perform in a satisfactory and timely manner, the TO Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the TO Contractor to be reduced or withheld until such time as the TO Contractor meets performance standards as established by the TO Procurement Officer.
IN WITNESS THEREOF, the parties have executed this TO Agreement as of the date hereinabove set forth.
TO Contractor Name
_____________________________________ ____________________________
By: Type or Print TO Contractor POC Date
Witness: _______________________
MARYLAND STATE DEPARTMENT OF EDUCATION
_____________________________________ ____________________________
By: insert name, TO Procurement Officer Date
Witness: _______________________
ATTACHMENT 3 – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE
A) "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
B) "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a bidder, Offeror, Contractor, consultant, or subcontractor or sub-consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.
C) The bidder or Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.
D) The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain in detail—attach additional sheets if necessary):
E) The bidder or Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or Offeror shall immediately make a full disclosure in writing to the procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or Offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the procurement officer of any contrary action to be taken.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
Date:____________________ By:______________________________________
(Authorized Representative and Affiant)
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PDF FILE WITH TO RESPONSEATTACHMENT 4 – LABOR CLASSIFICATION PERSONNEL RESUME SUMMARY
1. Master Contractors must comply with all personnel requirements under the Master Contract RFP 060B9800035.
INSTRUCTIONS:
2. Only labor categories proposed in the Master Contractors Financial Proposal may be proposed under the CATS II TORFP process.
3. For each person proposed in any of the labor categories, complete one Labor Category Personnel Resume Summary to document how the proposed person meets each of the minimum requirements. This summary is required at the time of the interview.
For example: If you propose John Smith, who is your subcontractor, and you believe he meets the
requirements of the Group Facilitator, you will complete the top section of the form by entering John Smith’s name and the subcontractor’s company name. You will then complete the right side of the Group Facilitator form documenting how the individual meets each of the requirements. Where there is a time requirement such as three months experience, you must provide the dates from and to showing an amount of time that equals or exceeds mandatory time requirement; in this case, three months.
4. Each form also includes examples of duties to perform. The proposed person must be able to fulfill those duties.
5. For each subject matter expert, the State will identify the particular area of expertise and the Master Contractor shall provide proof the individual has qualifications within that area of expertise.
6. Additional information may be attached to each Labor Category Personnel Resume Summary that may assist a full and complete understanding of the individual being proposed.
ATTACHMENT 4 – LABOR CLASSIFICATION PERSONNEL RESUME SUMMARY (CONTINUED)
Proposed Individual’s Name/Company: How does the proposed individual meet each requirement?
LABOR CLASSIFICATION TITLE – (INSERT LABOR CATEGORY NAME) Education:
(Insert the education description from the CATS II RFP from Section 2.10 for the applicable labor category.)
Experience:
(Insert the experience description from the CATS II RFP from Section 2.10 for the applicable labor category.)
Duties:
(Insert the duties description from the CATS II RFP from Section 2.10 for the applicable labor category.)
The information provided on this form for this labor class is true and correct to the best of my knowledge:
Contractor’s Contract Administrator:
__________________________________ _______________
Signature Date
Proposed Individual:
__________________________________ _______________
Signature Date
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ROPOSALS
IGNATURE REQUIRED AT THE TIME OF THE INTERVIEWATTACHMENT 5 – DIRECTIONS
TO THE PRE-TO PROPOSAL CONFERENCE
The Pre-Proposal Conference will be held:
Friday, April 23, 2010 @ 1:00 PM
Maryland State Department of Education 200 West Baltimore Street
Baltimore, MD 21201
8th Floor, Conference Room 1
From Interstate 95 (Washington, D. C.)
95 to Exit 53 – “Route 395 North/Downtown”. On 395, take exit “Downtown/Inner Harbor”,
which is the left lane. Stay in left lane. “Downtown/Inner Harbor” exit becomes Howard Street. Cross Conway, Camden, and Pratt Streets. After Pratt, get in the right lane. Cross Lombard Street, turn right at next light which is Baltimore Street. You can turn right from both lanes, but the left lane of Howard Street puts you into the left lane of Baltimore Street and gives easy access to the parking lot, and directly across from the First Mariners Arena (Formerly the Baltimore Arena).
From Interstate 95 (North of Baltimore—Philadelphia/New York)
95 South to Baltimore. Pass the exits to 695 – Baltimore Beltway. As soon as you pass the 695 exits, get in the right two lanes. Stay to the right and follow signs to 95 South/Ft. McHenry Tunnel. (The left two lanes go to 895 and the “old” Harbor Tunnel.) When you exit the Ft. McHenry tunnel stay on the right and take the first exit – 395/Baltimore/Downtown. On the exit ramp you should begin to move to the left and continue to follow the signs that say “Downtown/Inner Harbor”. Downtown/Inner Harbor” exit becomes Howard Street. Cross Conway, Camden, and Pratt Streets. After Pratt, get in the right lane.
Cross Lombard Street, turn right at next light which is Baltimore Street. You can turn right from both lanes, but the left lane of Howard Street puts you into the left lane of Baltimore Street and gives easy access to the parking lot next to the building. MSDE is in the middle of the block, on the left, right next to the parking lot, and directly across from the First Mariners Arena (formerly the Baltimore Arena).
From Annapolis – Route 50
Route 50 West to Route 97 North to Baltimore to exit “695 (Baltimore Beltway) West” to Baltimore.
Exit 7B from the Beltway to Baltimore-Washington Parkway “295 North to Baltimore”. Follow directions below for 295 North to Baltimore.
From the Baltimore-Washington Parkway (Route 295)
295 North to Baltimore – all the way into Baltimore City. The name of the road/street changes from BW
Parkway to Russell Street to Paca Street. As you come into the city you will pass the site of the new
Camden Yards (Oriole Ballpark) on the right, you will cross Pratt Street, Lombard Street, and Redwood
Street. At Baltimore Street turn right. Cross Eutaw Street and Howard Street. MSDE is in the middle of
the block, on the left, right next to the parking lot, and directly across from the lst Mariners Arena
(Formerly the Baltimore Arena).
ATTACHMENT 6 – NOTICE TO PROCEED
Month Day, Year
TO Contractor Name
TO Contractor Mailing Address
Re: CATS II Task Order Agreement #ADPICS PO
Dear TO Contractor Contact:
This letter is your official Notice to Proceed as of Month Day, Year, for the above-referenced Task Order Agreement. Mr. / Ms. _______________ of ____________ (Agency Name) will serve as the TO Manager and your contact person on this Task Order. He / She can be reached at telephone _____________.
Enclosed is an original, fully executed Task Order Agreement and purchase order.
Sincerely,
TO Procurement Officer
Task Order Procurement Officer
Enclosures (2)
cc: TO Manager
Procurement Liaison Office, Department of Information Technology Project Management Office, Department of Information Technology
ATTACHMENT 7 – NON-DISCLOSURE AGREEMENT (OFFEROR)
This Non- Disclosure Agreement (the “Agreement”) is made this ___ day of ________ 200_, by and between _________________________ (hereinafter referred to as "the OFFEROR ") and the State of Maryland (hereinafter referred to as " the State").
OFFEROR warrants and represents that it intends to submit a TO Proposal in response to CATS II TORFP #ADPICS PO for TORFP Project Name. In order for the OFFEROR to submit a TO Proposal, it will be necessary for the State to provide the OFFEROR with access to certain confidential information including, but not limited, to _____________________. All such information provided by the State shall be considered Confidential Information regardless of the form, format, or media upon which or in which such information is contained or provided, regardless of whether it is oral, written, electronic, or any other form, and regardless of whether the information is marked as “Confidential Information”. As a condition for its receipt and access to the Confidential Information described above, the OFFEROR agrees as follows:
1. OFFEROR will not copy, disclose, publish, release, transfer, disseminate or use for any purpose in any form any Confidential Information received, except in connection with the preparation of its TO Proposal.
2. Each employee or agent of the OFFEROR who receives or has access to the Confidential Information shall execute a copy of this Agreement and the OFFEROR shall provide originals of such executed Agreements to the State. Each employee or agent of the OFFEROR who signs this Agreement shall be subject to the same terms, conditions, requirements and liabilities set forth herein that are applicable to the OFFEROR.
3. OFFEROR shall return the Confidential Information to the State within five business days of the State’s Notice of recommended award. If the OFFEROR does not submit a Proposal, the OFFEROR shall return the Confidential Information to TO Procurement Officer, TO Requesting Agency on or before the due date for Proposals.
4. OFFEROR acknowledges that the disclosure of the Confidential Information may cause irreparable harm to the State and agrees that the State may obtain an injunction to prevent the disclosure, copying, or other impermissible use of the Confidential Information. The State’s rights and remedies hereunder are cumulative and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and/or to seek damages for the OFFEROR’S failure to comply with the requirements of this Agreement.
The OFFEROR consents to personal jurisdiction in the Maryland State Courts.
5. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only,
5. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only,